Article 370 abrogation

The Prime Minister of India, Shri Narendra Modi has recently been in America to address United Nations General Assembly
(UNGA) preceded by the event 'Hody Modi' at Houston on September 22, 2019. More than 50000 Indian Americans were
present at the NRG Stadium in USA to attend the 'Howdy Modi' event. Besides, The President of United States of America
was also there with Mr Modi showing solidarity. Thousands of Kashmiri people gathered at the event to thank Mr Modi
for abrogation of Article 370 in Kashmir making it possible for them to go back to their motherland. It may be recalled that
thousands of Kashmiri pandits were forcefully thrown out of their houses in 1990s and were never allowed to go back to
their houses in Kashmir and the then Kashmiri governments also did not help them to make it possible to come back. After
abrogation of Article 370, the ray of hope has come to these people who are looking up to Modi government to allow
them to come back to Kashmir.

Not only at the event at Houston, but also at UNGA Mr Modi condemned all kinds of terrorist especially the state
sponsored terrorism which has caused Kashmir suffer during last 30 Years. Pakistan has been very upset over abrogation
of Article 370 and its Prime Minister Imran Khan has indulged into all types of rhetoric including the threats like dire
consequences and blood bath in case the article 370 is not restored. The same rhetoric was repeated at UNGA by Pakistan
as against Modi who always talked about better environment, cleanliness and a better and friendly world for future.

Abrogation of Article 370: August 5, 2019 Turned Historical - When the newly appointed Home Minister of India, Amit
Shah of the newly elected BJP government presented the bill in the Parliament on August 5, 2019 to abrogate the clauses
in the controversial Article 370 and 35A that granted the State of Jammu & Kashmir a special status and proposed to
reorganize Ladakh and Jammu & Kashmir as two separate union territories, instead of full-fledged single state, lot of hue
and cry with mixed and confused opinions from political parties captured the news headlines.

In view of the Home Minister, he was correcting the mistake that was committed 70 years ago by the then Government
functionaries and the abolition of Article 370 and reorganization of the State will now open doors for development of all
the three regions Jammu, Kashmir and Laddakh.

The abrogation of article 370 and 35A was passed by two third majority in the Lok Sabha and has also got the President’s
nod. The decision is largely welcomed by Indian masses and most of the political parties. Some of the leaders in main
opposition party in Parliament - Congress have also supported this decision and did not tow the party line.

What is Article 370?

Inserted in 1954: Four years after the Constitution of India was implemented in 1950, the Article 370 of the Indian
constitution came into being in 1954 through a special order issued by the President of India.
 Granted Special Status: Article 370 granted special status to the State of Jammu & Kashmir and had allowed it to have a
separate constitution, dual citizenship, a state flag and autonomy over the internal administration of the state.

Temporary in Nature: Article 370 was a temporary provision as its applicability was intended to last till the formulation
and adoption of the State's constitution.

Dissolution of J&K Constituent Assembly: Since the State's constituent assembly dissolved itself on 25 January 1957
without recommending either abrogation or amendment of the Article 370, the Article stayed within the constitution of
India. As such Union of India was empowered to abrogate, amend the provisions in Article 370 as there was no more a
Constituent Assembly to which any reference could be made.

Separate Set of Laws: Despite being a State of Union of India, the Article 370 & 35A on Kashmir defined that the Jammu
and Kashmir state's residents would live under a separate set of laws, including those related to Citizenship, ownership of
property, and fundamental rights as compared to residents of other Indian states. Both these Articles prohibited Indian
citizens from other states from buying any land or property in Jammu and Kashmir.

Process to Abrogate/Amend Article 370: According to shri Gulzari Lal Nanda, Home Minister of India during 1963-66, the
terms for the "special status" granted to Jammu and Kashmir in this Article had a "very simple" process of amendment. It
could be amended by an Executive Order of the President of India, whereas the powers of all other states could only be
amended by the normal process of (constitutional) amendment which had stringent conditions. In addition to the original
orders issued by the President of India from 1951 to 1954, forty-seven Presidential orders were issued between 11
February 1956 and 19 February 1994, making various other provisions of the Constitution of India applicable to Jammu
and Kashmir.

Article 370: Adverse Impacts on Kashmir - Despite being “Temporary and Transitional" the Article 370 made the State of
Jammu & Kashmir a closed door economy which helped the politicians and separatist forces in Kashmir to become strong.
While it is useless to talk about the inclusion of Article 370 in the constitution, it is worthwhile to note how it affected
adversely the overall development of the State of Jammu & Kashmir. Article 370 is an exception to the fundamental rights
guaranteed to all citizens by the Indian Constitution.
1. Parallel Constitution without safeguard to Minorities: Article 370 allowed parallel state constitution in the State of
Jammu & Kashmir. It had no word minorities anywhere in it. Unlike in the Constitution of India, the rights of minority
communities in Kashmir were not protected. Till August 5, 2019 when the Article 370 was abrogated, J&K was also the
only Indian state with no tribal rights. The male Kashmiri Muslims enjoyed far greater rights than any other Indian citizen.
Taking cover in the shadow of Article 370, the forced exodus of a minority community—Hindu Pandits from Kashmir in
1990 had happened. Their houses were burned and looted, women were raped, many of them were killed but the
Government in Kashmir remained silent.
2. No Right to Education: All the States are governed with the doctrines of Directive Principles of State Policy granting right
of education to each and every citizen. But in Kashmir it did not apply and the state had no right to education for its citizens
3. No Land or Property for Indians: Article 35A, which was abolished along with abrogation of Article 370, did not allow any
person from any other State of India to buy land or property in Kashmir. This was a major drawback as no developmental
work could take place and no substantial employment generation could be seen.
4. Deprived Women of their Rights: Article 35A stipulated that J&K women who married non-Permanent Residents of
Kashmir would lose their Permanent Resident status and inheritance rights in Kashmir. So if a girl gets highly educated
and becomes a scientist, doctor, engineer, film maker, actress and marries any Indian who is not a permanent resident of
Kashmir she would lose all her rights and Kashmiri citizenship. Even if the person who marries the girl and wants to settle
down in Kashmir, the family loses their rights. On the other hand if she marries a Pakistani, all her rights are intact.
5. No Reservation for Dalits: Article 35A did not allow the thousands of Dalits who were brought in from Punjab as
government sweepers in 1957 to get any government jobs other than sweepers. They could not get a Scheduled Caste
certificate from the state government and therefore were not eligible for any benefits under central government schemes.
6. Breeding Racial Discrimination: While Hindu and Sikh refugees from West Pakistan have been a non-Permanent Resident
second-class citizens, the Uighur Muslims from Xinjiang were granted Permanent Resident status. The abolition of Article
35A has granted full citizen equal rights not only to the Kashmiri muslims but also to Hindu, Sikhs, Budhists, Dalits, and
minorities granting them fundamental rights as described in the Constitution of India.
7. Feeding Power Elites: In a letter dated April 20, 1990, written to Mr Rajiv Gandhi, former Prime Minister of India, by Mr.
Jagmohan, twice Governor of Jammu and Kashmir, he writes “Article 370 is nothing but a breeding ground for the parasites
at the heart of the paradise. It skins the poor. It deceives them with its mirage. It lines the pockets of the “power elites.”
It fans the ego of the new sultans. In essence, it creates a land without justice, a land full of crudities and contradictions.
It props up politics of deception, duplicity and demagogy.”
8. Frequent Misuse: Mr Jagmohan further writes in his letter, “The fundamental aspect which has been lost sight of in the
controversy for deletion or retention of Article 370 is its misuse. Over the years, it has become an instrument of
exploitation in the hands of the ruling political elites and other vested interests in bureaucracy, business, judiciary and
bar. Apart from the politicians, the richer classes have found it convenient to amass wealth and not allow healthy financial
legislation to come to the State.”
9. Tax Thefts under Cover of Article 370: At the cost of tax payers from other states, thousands of crores of Rupees were
granted for the development of Kashmir, but the end use was deceiving. According to Mr Jagmohan,“The provisions of
the Wealth Tax, the Urban Land Ceiling Act, the Gift Tax etc, and other beneficial laws of the Union have not been allowed
to be operated in the State under the cover of Article 370. The common people are prevented from realising that Article
370 is actually keeping them impoverished and denying them justice and also their due share in economic advancement.”
10. Breeding Two Nation Theory: Article 370 suffocated the very idea of India and fogs the very vision of a great social and
cultural crucible from Kashmir to Kanyakumari. A bye product of Article 370 is the separate Constitution of Jammu and
Kashmir. It must go as it facilitates the growth and continuation of corrupt oligarchies and puts false notions in the minds
 of the youth. It has given rise to regional tensions and conflicts and even the autonomy assumed to be available is not
attainable in practice.

Article 370 Abrogation: Positive Impact on Growth & Stability

1. Equality Before Law: The minority communities in reorganized union territories of Jammu & Kashmir and Laddakh will
have equal rights as that of majority Muslim community as the Constitution of India will be applicable without any
obstacle.
2. Fast Pace of Development: Apart from streamlining the Union Government Funds assigned for development the pace of
development in Kashmir and Laddakh may go up with PPP model and private investments
3. Curb on Terrorism: Many political leaders and separatist groups used to operate under the cover of Article 370 and
supported the terrorist activities directly and indirectly. Now with no hidden law, the direction action against the terrorist
groups can be taken with an aim to bring the misguided youth to main stream.
4. Education as a Right to All: Government of India can establish higher educational institutions in the Kashmir valley to
provide greater learning opportunities
5. Kashmiri Women to gain Most: So far Kashmiri women were deprived of their fundamental rights of property. The
abrogation of Article 370 will ensure that do not lose their rights on land and property even if they get married to any
Indian in any State
6. No Fear of Triple Talaq: With the abrogation of Article 370 and 35A, the law of the land will apply. It will give right to
muslim women against triple talaq as is available in other states.
7. Resettlement of Hindu Minority: The abrogation of Article 370 will help in resettling the uprooted Kashmiri Pandits back
home. Most of them wish to go back to Kashmir to their homes. Government has assured them security.

The Negative Impact

1. The abrogation of Article 370 has not gone down well especially to elite Kashmiri political leaders, separatists and terrorist
groups. They are hell bent to flare up tensions in the valley. This has caused security concern for common people.
2. Since J&K has become a Union territory, the central government must now ensure that funds are deployed properly and
don’t get into the pockets of a few families and their cronies.
3. It will take time before industry finds Kashmir a safe place to invest
4. Pakistan will also try to shoot up its terrorist game. When the US withdraws its troops from Afghanistan, Taliban’s terrorists
will be available to Pakistan to be re-directed towards Kashmir.
5. The doubting Kashmiri Muslim must be made to realize that Article 370 brought more negativity in his life. It was because
of this article that he was kept alienated from his nation for seven decades.